Howard M. Knee


Blank Rome • Los Angeles


Over a half-century career, Howard M. Knee has handled nearly 100 trials. He has worked in all aspects of labor and employment law -- at the Equal Employment Opportunity Commission, for Ralph Nader and for a Van Nuys congressman. His clients have included unions and management.


Now, as a Blank Rome LLP partner, he focuses on defense-side work in discrimination and sexual harassment cases, wage and hour class actions and Private Attorneys General Action matters.


"We used to be called labor lawyers, then slowly over time we came to be called employment lawyers," Knee said. "It's a challenge every day, and I love it." He added that organizing around issues was a Ralph Nader principle that holds today. "Now, I'm on the other side of the fence, I understand where plaintiffs are coming from."


A current preoccupation in the L&E world is the PAGA reforms signed into law by Gov. Gavin Newsom on July 1. "Everyone wants to know if they apply to their case, but they're not retroactive," Knee said. The changes are in force only for cases filed after June 19. "I'm hoping the reforms will ratchet down settlement amounts -- these cases can be devastating to clients. With 30% going to plaintiff lawyer fees, lawyers are making more than the workers get."


Knee heads a Blank Rome team defending an oil spill cleanup business in what he describes as a bet-the-company wage and hour class action filed by employees who allege a failure to pay compensation for on-call time following regular shifts. Thieroff et al. v. Marine Spill Response Corp., 21STCV18445 (L.A. Super. Ct., filed May 14, 2021).


Some of the plaintiffs are members of a longshoreman's local union covered by a collective bargaining agreement. Knee removed the case to federal court and successfully argued on a motion to dismiss that the collective bargaining agreement exempted the company from state overtime laws and the applicable Industrial Welfare Commission Wage Order exempted the company from state meal period and rest break laws. An amended complaint was filed and a motion to dismiss was again granted; the case then settled.


"Their demand was in eight figures and the settlement was for $325,000 with no fees to the plaintiffs," Knee said. "An excellent result."


Knee was the lead trial attorney defending an El Monte diner in a single plaintiff wage and hour suit; following a five-day trial the jury awarded the plaintiff $8,250. Lopez v. Doublz Em Inc., 21STCV29889 (L.A. Super. Ct., filed Aug. 12, 2021).


"Their demand was in the low six figures," Knee said. "Not a bad outcome."